- Knowledge
introduction
After registering a trademark in Mexico, if the "evidence of use" and renewal rules are ignored, the trademark may be revoked by others due to being "unused"! This article combines the latest revised provisions of Mexico's Industrial Property Law to analyze the core points of trademark maintenance, helping enterprises to hold onto the "passport" of the Latin American market.
01
The uniqueness of the Mexican trademark system
1. Legal Basis
The Mexican Industrial Property Law (Ley de la Propiedad Industrial) stipulates that:
After trademark registration, it must be truly put into commercial use, otherwise it may be revoked by a third-party application.
No mandatory "oath" procedure: Unlike the Philippines or the United States, Mexico does not require regular voluntary submission of usage declarations, but requires evidence of use when the trademark is challenged.
2. Revoke risk
Any third party may apply for revocation of the trademark registration on the grounds of "not used for three consecutive years" after the trademark has been registered for three years (Art. 151).
The trademark holder must submit a proof of use within 2 months after receiving the revocation notice, otherwise the trademark will become invalid.
02
Core Requirements for Trademark Oath
1. Use evidence management
Scope of use:The trademark must be used truthfully within Mexico (or through customs import and export) and cover the registered category of goods/services.
Effective evidence:
① Sales records:Local sales invoices and e-commerce platform orders in Mexico (must display the delivery address in Mexico).
② Advertising materials:Spanish language advertisements (TV, social media, outdoor advertising), exhibition photos (such as the Mexico City trade show).
③ Physical product:Product packaging and labels with trademarks (marked with "Hecho en M é xico" or importer information).
Not using justifiable reasons:If the use is suspended due to natural disasters or policy restrictions, government documents or third-party proof must be provided.
2. Renewal Rules
Time requirements:Renewal is required every 10 years, and an application can be submitted within 6 months before the expiration date (there is a 6-month grace period for exceeding the deadline, but additional fines will be imposed).
Document requirements:
Renewal Application Form (to be submitted through the official website of the Mexican Industrial Property Institute IMPI).
Renewal payment voucher (specific subject to IMPI announcement).
03
The consequences of not submitting the oath
Revoke program startup
Competitors or professional registrants can easily apply to revoke unused trademarks
Inverted burden of proof: The trademark holder needs to prove their own use, and if the evidence is insufficient, they will lose the lawsuit directly.
Market losses
Invalid trademarks may be preemptively registered by local companies, leading to brand withdrawal from the Mexican market.
Re registration time: The new application takes 1.5-2 years and may be rejected due to the "original trademark invalidation record".
04
Avoiding pitfalls guide: 4 core strategies
Regularly archive and use evidence
Collect sales invoices, advertising placement records, and product photos every quarter (it is recommended to indicate timestamps).
Unused trademarks can sign a distribution agreement in Mexico or issue a "soon to be launched" notice as a precautionary measure.
Monitor trademark status
Subscribe to trademark monitoring services through the IMPI official website or authorized agency to promptly respond to revocation applications.
Advance planning for renewal
Set up renewal reminders (1 year before expiration) to avoid fines or expiration due to exceeding the deadline.
Entrust local agent
Non Mexican companies are required to renew or withdraw their defense through local lawyers (IMPI mandatory requirement).
05
Frequently Asked Questions and Answers
1. Does the trademark meet the usage requirements as it is only sold through Amazon Mexico?
Answer: Compliant! Amazon MX order records, FBA Mexico warehouse entry proof, etc. are required.
2. Can the authorization of a trademark to a Mexican agent be considered as valid use?
Answer: Sure! Local sales evidence (such as invoices and store photos) of authorized agents must be provided.
3. How to deal with revocation of trademark application due to the suspension of trademark use caused by the epidemic?
Answer: Submit the logistics interruption certificate issued by the Mexican government's epidemic prevention policy document and explain the recovery plan.
4. Will the trademark become invalid if payment is made during the extension grace period?
Answer: No way! But an additional late fee of 50% of the renewal fee needs to be paid (for example, if the original fee is $300, an additional $150 needs to be paid).
5. Is it safe to not use a trademark for the first 3 years after registration?
Answer: Not safe! Third parties can apply for revocation at any time after 3 years of registration. It is recommended to use and retain evidence as soon as possible.
